The Archives Act (Jamaica)

8/3/2019 The Archives Act (Jamaica)

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ARCHIVES 1

THE ARCHIVES ACTARRANGEMENT OF SECTIQNS

1. short title.2. Interpretation.3. Establishment and fundions of A d v a Advisory Committee.4. Establishment of Jamaica Archives.S. Seal of th e Jamaica Archives.6. Appointment and functions of Amhivkt.7. Examination of offici~l records and transfer of such words8. Acquisition of private recards by Archivist.9. Acquisition of official recordsby A dins t .

tomhe J d c a Archives.

10. Access to officialrecords.11. Rstum of ofiiald o public organizations.12. Restridion on export of official records.13. Legal validity of official records and authenticated copies.14. Rules and regdations.IS. saving.

SCHEDULE

m e nduaion of this page is authorized by LN. 5/19841
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ARCHlVES 3

THE ARCHIVES ACT

U8th Januav, 1983.1 Actm d 1982.1.This Act may be cited as the Archives Act. mrt title.2. In this Act-

archives means all official records no longer in currentuse and adjudged by the Committee to be worthy ofpermanent preservation in the Jamaica Archives forreference and historical purposes;Committee means the Archives Advisory Committee es-tablished under section 3;

btcrFa0-tation.

Jamaica Archives means the office known as the JamaicaArchives established under section 4;official records means all papers, documents, records,registers, printed material, maps, plans, drawings, pho-tographs, microfilms, cinematograph films and sound

recordings of any kind whatever, officially received orp r o d u d by any public organization for the conductof its affairs or by any officer or employee of a publicorganization in the course of his official duties.public organization means any ministry, department,commission, committee, board, corporation, agency orother organization of the Government of Jamaica ora local government authority.3.41) For the purposes of this Act there is hereby estab- Establish-mmt and

Axchivesmittee. AdvisoryCommitteelished a body to be known as the Archives Advisory Corn- functions Of

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4 ARCHIVESSchedule. (2 ) The provisions of the Schedule shall have effectwith respect to the constitution and operations of the Com-mittee and otherwise in relation thereto.

(3) The Committee shall, with a view to the propercarrying out of the provisions and objects of this Act, ad-vise the Minister on any matter within its knowledge oron which the Minister may seek its advice.

Establish-ment ofJamaicaArchives.

4 . 4 1 ) For the purposes of this Act there is hereby estab-lished an office to be known as the Jamaica Archives withas many branches as the Minister may deem necessary orconvenient and in which shall be preserved such archivesas are transferred there or acquired by the Archivist underthe provisions of this Act.(2) The Minister may from time to time, by order,direct that official records deposited in any particular placeor custody specfied in the order shall be under the chargeand control of the Archivist.

(3) The provisions of this Act shall apply in relationto official records referred to in subsection ( 2 ) and theircustody in the same way as if they had been placed underthe charge and control of the Archivist by this Act.5. The Archivist s h d cause to be prepared and shall

keep and use a seal bearing the impression of the A r m s ofJamaica, and having inscribed in the margin thereof thewords Oficeof the Jamaica Archives.

JamaicaArchim.

Appomi-mentand6.-(1) There shall be an Archivist for the purposes ofthis A&, who shall be a public officer.funCtl0nsofArchivist. (2) The Archivist shall be responsible for-

(U ) the custody, preservation, arrangement, repair andrehabditation of archives;[nM i n d u a o n of th i s m e s author id by LN. 55/1984]


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ARCHIVES 5( b ) such duplication and reproduction of archives asmay be necessary or appropriate; and(c ) the preparation and publication of inventories, in-dexes, catalogues and other finding-aides or guides

facilitating the use of archives.7.-(1) Subject to subsection (2), the Ardivist, or any mramina-tion ofofficer of the Jamaica Archives authorized by him, has the owialpower to examine any official records whick are in thecustody of any public organization and to advise suchorganization as to the care, custody and control thereof.

(2) Nothing in this section s h d authorize the Archi-vist or any officer referred to in subsection (11, to examineany official record relating to matters which by Statute areorbidden to be communicated to him.

(3 ) Official records in the custody of any publicorganization shall be t r amf md periodically to the JamaicaArchives in accordance with regulations made under thisAct.

JamaimAlchi?ea.

8. The Archivist may require by gift, purchase or loan, Acquisitionof privateall such original records, documents, books, and other his- modbytorid material, of any nature whatsoever, or copies or Archivist.replicas thereof, as he may think necessary or desirable tosecure for the Jamaica Archives.

9.-(1) Every person responsible for the custody of offi- Afqniritionofo m aArchives shall make arrangements for the selection of those mivkt.records which ought to be permanently preserved and fortheir safe-keeping.

(2) Every person required to make arrangement3pur-suant to subsection (l), shall do so under the guidance ofthe Arcbivist or any officer of the Jamaica Archives autho-

cial records of any description which are not in the Jamaica m r d a by

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6 ARCHl VES

Accms too5aalrocords.

r i d n that behalf by the h h i v i s t and the Archivist shallbe responsible for co-ordinating and supervising all actiontaken under this section.(3) Subject to subsection (4),fficial records selected

for permanent preservation under this section shall betransferred not later than thirty years after their creationto the Jamaica Archives.(4)Official records may be retained in any publicorganization after the period stated in subsection (3) if, inthe opinion of the person who is responsible for them, theyought to be retained for any special reason.

10.41)Official records in the Jamaica Archives shall notbe available for public examination until they have been inexistence fo r thirty years, or such longer or shorter period,as the Committee with the approval of the Minister mayspecify as r e s p t s any particular class of official recordsor any individual official record.

(2)Notwithstanding subsection (11, where it appearsto the person responsible for any official reoords whichhave been selected for permanent preservation that theycontain information which was obtained under such condi-tions that the opening of such records to the public afterthe period prescribed under subsection (U , might constitutea breach of good faith on the part of the Government oron the part of the person who obtained the information,the person responsible for such records shall inform theArchivist accordingly and those records shall not be avail-able in the Jamaica Archives for public inspection even afterthe expiration of the said period except in such circumstancesand subject to such conditions, if any, as the Archivist afterconsultation with that person, may approve.

(3) Subject to the provisions of this section and ofany other enactment which prohibits the disclosure of in-formation obtained from the public, and subject to any[The inclusion of hi s page IS authorued by LN. 55/1984]


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ARCHlVES 7regulations made under this Act, the Archivist shall arrangethat reasonable fa d it ie s are made available to the publicfor inspecting and obtaining copies of official records in theJamaica A rchives.

(4)Notwithstanding anything contained in this sec-tion, the Archivist may permit a person to inspect any re-cords if he has obtained special authority in wnting in thatbehalf, given by an officer of a public organization being anofficer accepted by the Archivist as qualified to give suchauthority.

( 5 ) Any person who fa i ls to comply with any condi-tion imposed pursuant to subsection (2), shall be guilty ofan offence and shall be liable on summary conviction in aResident Magistrates Court to a fine not exceeding onethousand dollars or to imprisonment for a term n ot exceed-ing twelve months.

11. W here the person in charge of any public organization ~~~~tnotifies the Archivist in writing that any official record &%-which was transferred from that organization to the Jam aica publicArchives is required for use in that organization, the Archi- ticns.vist shall, if he has the custody or control of that officialrecord, make it available to tha t person, wh o shall retu rnit to the Archivist as soon as it is no longer required by himfor use.cord which relates to Jamaica and which has been certified o~oficc la lby the Archivist to be of historical value is prohibited, ex- moords.cept with the permission of the Minister given in accordancewi,th subsection (2).

(2) The Minister may by memorandum in writinggive permission fo r the expo rt of an official record spmifiedin the memorandum and may impose such conditions inrelation thereto as the Minister thinks necessary or desir-able.

Ol%3alwa-

1 2 4 1 ) Th e exportation from Jamaica of any official re- Rcatriotiooon export

[The incluslion of this page 15 aulhonzed by L.N. 55/19841


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8 ARCHIVES

Legalvaiidiqof officlalrecordsandantbentica-

(3) Any person who contravenes the provisions ofsubsection (1) or fails to comply wi,th any condition imposedpursuant to subsection (2), shall be guilty of an offenceand shall be liable on summary conviction in a ResidentMagistrates Court to a fine not exceeding one thousanddollars or imprisonment for a term not exceeding twelvemonths.13.-(1) The tegal validity of any official record shall notbe affected by its removal to or from the Jamaica Archivespursuant to any provisions of this Aot.

(2) A copy or extract from an official record in theJamaica Archives purporting to be examined and certifiedas true and authentic by the Archivist or by an officer ofthe Jamaica Archives authorized by the Archivist in thatbehalf and to be sealed or stamped with the seal of theJamaica Archives shall be admissible as evidence in anyproceedings without further or other proof thereof if theoriginal record would have been admissible as evidence inthose proceedings.

tedeogies

Rdca and 14 The Miniiter, on the recommendation of the Com-regdatbna. mittee, may make rules and regulations generally for thebetter carrying out of the objects and purposes of this Actand, without prejudice to the generality of the foregoing,may make rules or regulations providing for-

(U ) the admission of the public to the Jamaica Archivesand the inspection by the public of the Archives;(b) the transfer of any official records from the custodyor control of any public organization to the Ja-maica Archives;(c) the examination, disposal or destruotion of any

official records which are not of sufficient valueto justify their permanent preservation in theJamaica Archives 01 elsewhere;dD lw i d u s i o n of this page i s authorized by LN. 55/19841


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ARCHIVES 9( 6 ) the fees which m ay b e oharged in respect of servicesprovided to the public by the Jamaica Archives.

15.-(1) Official records presently classified as archives Savingand permanently preserved as such shall be deemed to bein the custody and control of the Jamaica Archives.(2) The Record Office (Archives) Rules, 1%9 inforce at the 18th day of January, 1983 shall apply to theJamaica Archives as if made pursuant to this Act and suchrules may be amended or revoked pursuant to section 14,

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10 ARCHIVESSCK~DVLE (%tirn 3)

Conatitu-tion of ing memkrs-Commiltee.

1 . 4 1 ) The Arohivcs Advisory Committee shall wmist of the follow-(a) the Keeper of the Romrds;(bj the Deputy Keeper of the Rwords:(c) the Registrar of the Supreme Court.(d) the Registrar of Tit!es;(e) the Adivist, who shallbe secretary:v) the cbief Arohitect in tbe Ministry of Construction Works):(g) not more &an ten members (hereinafter refer& to as a Ppointed memters) appuinted by the Ministcr. including onerepen tativ e from each of the following o@tiOIlS:-

(i) the Ministry responsible for the Public SeMce:(ii) the Institute of Jamaica;

(iii) the Univemity of bhe West Indies;(iv) the Jamaica Historical SaEiety;(v) the National Council on Libraries,Ar&vcs and Docl-mentation Services.

(2) T h e Minister shall appoint a chairman from a m q themembers.Tenure 2 4 1 j The appointment of every appointed member of the com-of office mime shall be evidenced by an instrument in writing and such instru-d a p p o i d ment shall state the period of office of the member which shall notmembers. exceed thee years.

(2) Every appointed member of the Committee shall be digiblefor reappointment.(3) Notwithstanding anything to the mntrary. oht Minister m a yat any time revoke the appointment of an y appoirvtea m&r of thecommittee.

3. Any appointed m b e r of the Committee may at any time resignhis office by instrument in writing addressed to the Minister and trans-mitted through the chairnnan and from ,the date of he receipt by theMinister of uch instrument, such member shall wase to k membcrof the Committee.4. The names of all h e appointed members of th e committee Ufirst constituted and every change in the appointed membership thereof

shall bc published in the Guzefte.5 . 4 1 ) The Committee shall meet at suuh times asmay bc necessaryor expedient for the transaction of b u s k s , and suoh meetbgs shall[The idus ion of his page is authorized by L.N. 55/1984]

p,,blicationof member-ship.procpdureandmeetings.


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ARCHIVES 11be held at sudh places and times and on sucb days as the Committeeshall determine so. however, that the Committee shall meet not lessthan twice a year.

(2) The chairman may at any time call a special meeting of theCommittee and shall call a special meeting to be held within sevenday5 of a written request for that purpose addressed to him by anytwo members of the Commi~ee.(3) The chairman shall preside at all meetings of he Committeeat which be is present and in the m e of the absencc or inazbility toact. at any meeting, of the ohairman, the remainii members of theChmittee present at the meeting and constituting a quorum shallelect one of their members to preside at that meeting, and when 80presiding the chairman or the person elected as aforesaid. as the casemay be. &all have a casting vote in addition to an ori@nal vote inany case in which the voting is equal.(4) The qumm of the Committee shall be six or such waternumber as may be fixedby the 00mmit.tee.( 5 ) Subject to the provisions of tbis Sdhedule the Committee m a y

rrgulate its own proceedings.(6) The validity of any proceedings of the Commi~ec hall not be?ffWy any vacancy amongst the mernbm thermf or by any defectIII he appointment of a member bhereof.Comanittee and to members of any s~b-commibtee appointed under tionofparagraph 8 such remuneration (whether by way of honorarium. members.salary or fees) and such allowances as the Minister may determine.7. No action, suit, proseoution or obher proceedings shall be brought Protectionor instituted personally against any member of the Committee in re- o f m c m -spect of any act done bona fde in pursuance or execution or intended Eit

execution of his A&.general or s p e d purposes with which bhe Committee may be m- o sub-cam& as in the opinion of & committee WOUU be better regulated committees.and managed by means of sub-committee.

(2) The number of member6 of a subcommittee appointed undersub-paragraph ( l ) , their functions and terms d appointment, the quorumof he sub-committee and the area, if any, within which the sub--mittee is to exercise authority shall be determined by the Comu~ttec.(3) A subcommittee appointed pursuant to tbis pragraph mayinclude persons who are not members of the Committee.(4) The provisims of paragraph 7 shall apply to a member of asu-ttee who is not a member of #he Committee in like manneraa they apply to a member of the Cmmitiee.

6. There may be paid to the ohairman and olher members of he R ~ ~

Y-.--(1) Tbe Committee may appoint subarmmittem for any such

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12 ARCHIVES(5 ) The validity of che p r o d i s of a sub-committee appointedpursuant to this paragraph shall nat be affected by any vacancy amongstthe members thereof or by any defect in the appointment of a memberthereof.

9.41) Subject to $he provisions of this Act the COpmittee m y .delegate to any member or a s u b - d t t t c of tbc Comt tee or to anyof the officers or servants of the Jamaica Archives the power and au-thority to carry out suEfi of its functions as the Committee may deter-mine.

(2 ) Every delegation under this paragraph i s revocable by theCommittee and no delegation shall prevent the exerrise by the Com-mjttee of any function delegated.

DslegatlonOf POWeps-

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Documents

The Archives Act (Jamaica)